Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since May 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.

R392. Health, Disease Control and Prevention, Environmental Services.

Rule R392-110. Home-based Child Care Food Service.

As in effect on May 1, 2019

Table of Contents

R392-110-1. Authority and Purpose.

This rule establishes food service inspection standards for certified or licensed child care providers that provide care for 16 or fewer children. It is authorized by Sections 26-15-2, 26-1-30, 26-1-5, and 26-39-301(1).

R392-110-2. Applicability.

This rule applies to food service provided in certified or licensed child care facilities, including residences, that provide care for 16 or fewer children, notwithstanding the provisions of R392-100. R392-100 governs food service provided in facilities that care for more than 16 children.

R392-110-3. Inspection Request, Report.

After request and payment of the fee established by the local health department, a local health department shall inspect a child care provider's food service based on the standards established in this rule and using an inspection form approved by the Department. Upon satisfactory inspection, the local health department shall issue a report to the child care provider stating that the food service provided by the child care provider poses no serious sanitation or health hazard to children.

R392-110-4. Standards.

(1) Food is obtained from sources that comply with law and are approved as outlined in R392-100 3-2.

(2) Food in a hermetically sealed container is obtained from a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant.

(3) Food is protected from contamination by storing the food in a clean, dry location where it is not exposed to splash, dust, or other contamination and stored above the floor.

(4) Food is not stored in toilet rooms or mechanical rooms, under sewer lines, under leaking water lines or under any source of contamination.

(5) Food brought in by parents to serve to other children in the facility is from approved sources that comply with law and are approved as outlined in R392-100 3-2

(6) Food brought in by a parent or guardian for specific use of that person's child is labeled with the name of the child.

(7) Bottled or canned baby food, upon opening, is labeled on the outside of the container with the date and time of opening.

(8) Canned or bottled opened baby food containers, except for dry products, are refrigerated and kept at 41 degrees F or below.

(9) Canned or bottled baby food, except for dry products, is discarded if not used within 24 hours of opening.

(10) Infant formula or breast milk is discarded after feeding or within two hours of initiating a feeding.

(11) Refrigerators used to store food for children are maintained and cleaned to prevent contamination of stored food.

(12) Food products stored inside refrigerator are stored at 41 degrees F or below as outlined by R392-100 3-5.

(13) A calibrated thermometer is stored in the refrigerator to verify the temperature of food products.

(14) Food prepared at the day care facility meets the critical cooking, hot holding, cold holding, and cooling temperatures as outlined in R392-100, 3-4 and 3-5.

(15) Each caregiver who prepares or serves food is trained in food safety and has a copy of a current food handler permit on file at the facility.

(16) Food is served on clean plates, single service plates, or a clean and sanitized high chair tray.

(17) If napkins are used at meals or snacks, then they must be single service.

(18) Clean cups or single service cups are provided at each beverage service.

(19) Before each use, reusable food holders, utensils, and preparation surfaces are washed with hot water and detergent solutions, rinsed with clean water, and sanitized as outlined in R392-100 4-501.114.

(20) Food employees clean their hands and exposed portions of their arms:

(a) immediately before engaging in food preparation including working with exposed food, clean equipment and utensils, and unwrapped single service and single use articles;

(b) after touching bare human body parts other than clean hands and clean exposed portions of arms;

(c) after using the toilet room;

(d) after caring for or handling any animal, including service animals;

(e) when switching between working with raw food and ready to eat food; and

(f) as often as necessary to remove soil and contamination and to prevent cross contamination when changing tasks.

(21) Hand washing facilities are located to allow convenient use by employees in food preparation, food dispensing, and ware washing areas; and in or immediately adjacent to toilet rooms.

(22) When preparing food, employees wear hair restraints, such as hats, hair coverings or nets, beard restraints, and clothing that covers body hair, that effectively keep their hair from contacting exposed food; clean equipment, utensils, and linens, and unwrapped single service and single use articles.

(23) Food employees wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, and single service and single use articles.

(24) Poisonous or toxic chemicals are identified.

(25) Procedures are in place to ensure that poisonous or toxic chemicals are safely stored to prevent access by children

(26) Poisonous or toxic materials are stored so they can not contaminate food, equipment, utensils, linens, and single service and single use articles.

(27) Only those poisonous or toxic materials that are required for the operation and maintenance of food storage, preparation, and service areas such as for the cleaning and sanitizing of equipment and utensils and the control of insects and rodents are in the food storage, preparation, and service areas.

(28) Menus for the current week are posted in plain sight and accessible for public review.


child care providers, food service

Date of Enactment or Last Substantive Amendment

September 18, 2006

Notice of Continuation

April 26, 2016

Authorizing, Implemented, or Interpreted Law

26-15-2; 26-39-104

Additional Information


For questions regarding the content or application of rules under Title R392, please contact the promulgating agency (Health, Disease Control and Prevention, Environmental Services). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.